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Reptile: The 2009 Manual of the Plaintiff's Revolution, by David Ball, Don Keenan
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Learn how to make tort reform's impact on juries insignificant by using the jurors' most primitive instincts of safety and self-preservation. This book is highly recommended and the research and methods found inside have made it a must read for every trial lawyer.
- Sales Rank: #777698 in Books
- Published on: 2009
- Number of items: 1
- Binding: Paperback
- 330 pages
Most helpful customer reviews
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13 of 13 people found the following review helpful.
A must-read for trial lawyers, with a caveat
By Carolin K. Shining
An important application of some basic neuropsychology to the jury system, this book should be required reading in law schools, public defender offices and anywhere young lawyers are thinking about just how to prove their cases. It looks deeply at what motivates the average citizen juror, and is designed to help trial lawyers get rid of old, tired and dusty trial themes.
Given the success of the tort reform-minded think tanks in changing beliefs of a younger generation regarding injury and who is responsible, the authors delve deeper into what is important to humans specifically. Since the adoption of strict liability in the 1960s-era Restatement of Torts Second, the law generally (and this is a big over-arching generalization, I know) adopted strict liability theories to hold corporations liable as the insurers of consumer risk. Who better to know the risk than the manufacturer in a complex, 20th Century society? As the century closed, however, a backlash has been created against 'strict' liability which appears to hold a large corporation liable for one individual harm that may or may not have been caused by its products.
The Reptile examines this shift and concludes that a better approach with today's modern juror is to focus individuals on societal norms. This book, when read with the author's earlier work --Rules of the Road: (Second Edition) A Plaintiff Lawyer's Guide to Proving Liability --illustrates how to theme your case by basing on fundamental norms of society. For example, the authors focus on how to present your case to relate to an individual juror. By going back to the basics of what motivates people to do right or wrong, a new paradigm for juries to consider is created.
The caveat is this: This book is not a one-size fits all answer to these global issues. It must be read in context with each lawyer's own experiences and the facts of each case. It sets out an outline for one way to view litigation matters. This is not a book to read on the eve of trial looking for a magic bullet - it is something to think about deeply when examining the basis of an entire case as it unfolds from the beginning. Nevertheless, if your shelf is missing this book, you are missing a major strategy in today's litigation philosophy.
4 of 4 people found the following review helpful.
turning a former enemy into an ally
By Michael Ray Harris
I encountered the Reptilian Brain as a Public Defender. I saw it as something bad that I had to encourage people to 'rise above'. It never occurred to me to try and use it to my advantage as a trial lawyer.
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